Customer Privacy Notice

This privacy notice describes how KOBAYASHI HEALTHCARE (MALAYSIA) SDN BHD (“we”, “our” or “us”) collects and processes personal information about you, how we protect this information, and your rights in relation to this information.

This privacy notice applies to all personal information we collect or process about you. Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified.

1. Personal information we collect

   We collect personal information from you directly (e.g. when you contact us about a product), and may generate information about you in the course of our relationship with you.

   The categories of information that we collect directly from you will include any personal information you include in correspondence to us. This may include personal details (e.g. name, date of birth); contact details (e.g. phone number, email address or postal address); details about purchases you have made (e.g. when you make purchases or respond to offers); and any other information you provide to us.

   If you are an employee of a seller of our products, we may also collect other information about your employment from you including your job title, place of work and delivery addresses.

2. How we use your personal information and the basis on which we use it

   We may use your personal information for the following purposes:

   • Responding to communications: if you contact us, we will use your personal information to respond to any communications and resolve any complaints you have. This is to meet our legitimate interests in providing the best service we can to the users of our products.
   • Managing orders: if you order our products as a seller, we will use your personal information to process your order and to invoice. This is to meet our legitimate interests in fulfilling our orders, and to meet our customers' expectations of our service.
   • Improving our products and services: If you contact us about our products or our service, we may use your personal information to make suggestions about improvements to our products. It is in our legitimate interests to provide the best products possible to all our customers.
   • Managing our business: we may use your personal information to keep our records of our customers and our sales accurate and up to date, and to ensure that we meet any legal obligations to which we are subject. Where not necessary to comply with any such legal obligations, we do this to meet our legitimate interests in running our business most effectively.
   • Exercising our rights: we may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect breaches of the law or of our policies.
   • Complying with our obligations: we may process your personal information to comply with other legal or regulatory requirements, where this is explicitly required by law.

3. How and when we Share Your Personal Information

   We may share your personal information with third parties under the circumstances including but not limited to the following circumstances:

   • Service providers and business partners: We may share your personal information with our service providers and business partners that perform business operations for us for the purposes set forth above. For example, we may partner with companies to process payments, fulfill orders, and manage deliveries.
   • Group companies: KOBAYASHI HEALTHCARE (MALAYSIA) SDN BHD is owned by Kobayashi Pharmaceutical Co., Ltd in Japan, and we work closely with our parent company and other companies in the Kobayashi Group. We may share your personal information with members of the Kobayashi Group (a full list is available here), which may process that personal information for the purposes set out above.
   • Where required by law: We may share your personal information with law enforcement agencies, courts, other government authorities or other third parties where we believe necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
   • In the context of a transaction: We may share your personal information with potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner that is consistent with this privacy notice.

4. Your rights over your personal information

   You have certain rights regarding the personal information we hold about you, subject to local law. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. You also may have a right to lodge a complaint with your local data protection or privacy regulator.

   We encourage you to contact us at the contact information set forth below to update or correct your information if it changes or if the personal information we hold about you is inaccurate. Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time.

   Please note that we may require additional information from you in order to honour your requests.

   If you would like to discuss or exercise any rights you may have under law, please contact us at the contact information set forth below.

5. Information Storage

   We retain your personal information for as long as necessary for the fulfilment of the purposes for which we have collected your personal information or for as long as necessary as may be allowed by applicable law. When we determine how long to keep your personal information after our relationship with you has ended, we take into account our legal rights and obligations. In particular we may retain records to investigate, commence or defend potential legal claims.

6. International Data Transfer

   Your personal information may be transferred to, stored, and processed in a country that is not regarded as providing the same level of protection for personal information as the laws of the Philippines, in particular Japan, where Kobayashi Pharmaceutical Co., Ltd is located.

   We have put in place appropriate safeguards, including contractual commitments, in accordance with applicable legal requirements to provide adequate protections for your personal information. For more information on the appropriate safeguards in place and to obtain a copy of such safeguards, please contact us at the contact information set forth below.

7. Contact Us

   KOBAYASHI HEALTHCARE (MALAYSIA) SDN BHD is the controller responsible for the personal information we collect and process. If you have questions or concerns regarding the way in which your personal information has been used, please contact our Data Protection Officer at raissa.v@kobayashi.com or at +603-2011-7702 or you can send us a mail at info-my@kobayashi.com.

   We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.

8. Changes to the Policy

   We may modify or update this privacy notice from time to time. If we make any revisions that materially change the ways in which we process your personal information, we will notify you of these changes before applying them to that personal information.
   
   
   January 21, 2022